Chandeshwar Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45539 of 2018 Arising Out of PS. Case No.-104 Year-2015 Thana- WARISNAGAR District- Samastipur ====================================================== Chandeshwar Sah Son of Late Yadu Sah Resident of Village - Kusaiya, Police Station - Warisnagar, District - Samastipur.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. The North Bihar Power Distribution Company Limited through Bihar State Electricity Board, Patna, Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Choudhary Shyam Nandan For the Opposite Party/s :

Mr. Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Warisnagar P.S. Case No. 104 of 2015 corresponding to G.R. No. 1308 of 2015, instituted for the offence under Section(s) 139 of Electricity Act. Allegation as per the written report is that on raid being conducted by the informant at the flour Mill of the petitioner he found theft of electricity by illegally connecting tokka on account of which electricity company suffered loss of Rs. 380,988/- as mentioned in the written report. Learned counsel for the petitioner has submitted that he was harassed by the electricity department for giving electric connection for which he has filed a Complaint case against the

Patna High Court Cr.Misc. No.45539 of 2018(2) dt.13-08-2018 2/2 electricity department vide Complaint case no. 1111 of 2015. Learned counsel for the Electricity department has appeared and submitted that after filing of the instant case against this petitioner for electricity theft the case has been filed by complainant on 6.6.2015 to harass the officers of the Electricity Department.

Therefore, this Court is not inclined to grant anticipatory bail to the petitioner. Prayer for anticipatory bail of the petitioner stands rejected.

Petitioner may surrender before the Court below and make prayer for regular bail which shall be considered and disposed of on its own merit in accordance with law without being prejudiced by the present order.

(Sanjay Priya, J) shyambihari/- U T